Digital Commons Network^™

The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power

Faculty Scholarship

No abstract provided.

The Hague Evidence Convention In The Supreme Court: A Critique Of The Aérospatiale Decision, George A. Bermann

Faculty Scholarship

With its decision in Société Nationale Industrielle Aérospatiale v. United States District Court, the United States Supreme Court resolved what had been widely regarded as "one of the most difficult and important issues in international civil litigation in United States courts." This opportunity arose out of the divergence of views among American courts on the proper way to reconcile the need for full disclosure of evidence with respect for the sensitivities of foreign states where that evidence might be located. The case before the Supreme Court, like many lower court cases, dealt specifically with the impact of the Hague …

The Committee On The Constitutional System Proposals: Coherence And Dominance, Philip Chase Bobbitt

Faculty Scholarship

I have been a fellow traveler of the Committee on the Constitutional System virtually since its inception; indeed, I believe I was present when Mr. Cutler first made the speech at the University of Texas that became, "To Form a Government." During all this time I have never been able to quite free myself from the conviction that his concerns were absolutely right and fundamental to our era. Nor have I been able to persuade myself that the reforms that he recommends justify a departure from the framers' conception. I suppose this is why I was selected to give a …

Protecting The Parental Rights Of Incarcerated Mothers Whose Children Are In Foster Care: Proposed Changes To New York's Termination Of Parental Rights Law, Philip Genty

Faculty Scholarship

In the past decade, the number of female prisoners in New York state and city jails has risen dramatically. Currently, there are 1,890 women incarcerated in New York State prisons, and an additional 1,626 women confined in New York City jails. Approximately seventy- two percent of the women in state prisons are parents, and, according to one informal study, nearly sixty percent of the women in city prisons are single parents with minor children. While some of these women can make formal or informal child care arrangements with relatives or close friends, many others must turn to state-regulated foster care. …

Adventures In Finance, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Original Understanding And The Constitution, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The President’S Powers As Commander-In-Chief Versus Congress’ War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Human Biology And Criminal Responsibility: Free Will Of Free Ride ?, Deborah W. Denno

Faculty Scholarship

This Comment presents three major arguments concerning biological deficiency defenses, using, respectively, a critique of biosocial science research, a statistical model of biological and sociological data, and an examination of theories and philosophies on causation and behavior. First, this Comment argues that there should be no defense to mitigate criminal responsibility except in the less that one percent of cases eligible for the insanity defense. Second, this Comment argues that social science research has not successfully demonstrated sufficiently strong links between biological factors and criminal behavior to warrant major consideration in determining criminal responsibility. Third, this Comment demonstrates that no …

Truth And Uncertainty: Legal Control Of The Destruction Of Evidence, Lawrence B. Solum, Stephen Marzen

Faculty Scholarship

This article analyzes legal controls on evidence destruction in more or less six parts. Part I describes the rich variety of authority to control evidence destruction. In civil cases, the spoliation inference, discovery sanctions, tort liability, and criminal obstruction of justice statutes provide sanctions against destruction of evidence. In criminal cases, defendants face fines and imprisonment from federal and state evidence destruction and contempt statutes. Also in criminal cases, prosecutors who destroy exculpatory 1086 evidence risk dismissal of indictments under the process clause, the Jencks Act, Federal Rule of Criminal Procedure 16, and court's supervisory power. In addition, attorneys may …

Compensation Programs For Vaccine-Related Injury Abroad: A Comparative Analysis, Wendy K. Mariner

Faculty Scholarship

Adverse physical reactions to immunizations, ¹ although comparatively rare, raise fundamental questions about the relationship between the state and the individual. In the United States, responsibility for vaccine-related injuries has been judicially and administratively debated for nearly two decades, beginning with the seminal decision of Davis v. Wyeth Laboratories. The primary issue is whether a person who suffers an unpredictable adverse reaction to a vaccination is entitled to receive compensation for his or her injuries, and if so, whether compensation should be provided by the manufacturer of the vaccine as part of its responsibility for the effects of its products, …

Novel Ferroelectric Fluids, Rolfe G. Petschek, Kimberly M. Wiefling

Faculty Scholarship

While there is no fundamental reason that fluids should not be ferroelectric the only known ferroelectric fluids are chiral smectic-C liquid crystals. In this paper we argue that a variety of nonchiral layered (smectic) phases composed of properly designed oligomeric or polymeric molecules will also be ferroelectric. These ferroelectric fluids, and the solids formed by quenching them, should be of fundamental and practical interest. The nature of these phases, the design of the relevant molecules, and the experimental techniques for identifying the phases are discussed qualitatively.

Getting To Market: The Scientific And Legal Climate For Developing An Aids Vaccine, Wendy K. Mariner, Robert C. Gallo

Faculty Scholarship

Expectations of a vaccine to prevent acquired immunodeficiency syndrome (AIDS) are rising. Not only are the prospects for an effective immunogen improving, but immunization appears to hold the greatest promise for halting the spread of infection and disease.' Identification of the causal agent-the retrovirus called HTLV-III, LAV, or generically, HIV (human immunodeficiency virus)-has provided the direction and limited the options for containing the disease.

Prevention is, of course, critical where the disease must be presumed to be fatal in all cases. Although there is no clear evidence that any single exposure to HIV will result in infection or disease, prudence …

Excitation Of The Isobaric Analog State Of ¹⁶⁵Ho By Pion Single-Charge Exchange, William J. Fickinger

Faculty Scholarship

Forward-angle differential cross sections for the 165Ho(π+,π0)165Er(IAS) reaction have been measured at Tπ=98.0, 163.2, and 228.3 MeV in the angular range & ≲14°. The shapes of the angular distributions at 98.0 and 163.2 MeV are compared to predictions arising from the strong absorption model of pion single-charge exchange scattering. Extrapolated 0° cross sections are compared with trends previously established with mostly spherical and near-spherical nuclei. The measurement demonstrates the possibility of using the (π+,π0) reaction for studying neutron density deformations in oriented 165Ho.

Conflict Of Law (1987), James Paul George, Fred C. Pedersen

Faculty Scholarship

Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions are all foreign elements that may create problems in judicial jurisdiction, choice of law, or the recognition of foreign judgments. This Article reviews Texas conflict of laws during the Survey period from late 1985 through 1986. The Survey includes cases from Texas state and federal courts, and non-Texas cases affecting Texas practice. Excluded are cases involving federal/state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, and conflicts in time, such as …

Two-Dimensional Polymer Melts, Rolfe G. Petschek

Faculty Scholarship

We discuss the asymptotic highmolecular-weight behavior of flexible, weakly repulsive polymer chains in melts, both through an analogy to an O(n) model of magnets and directly. We show that such polymers are slightly expanded in two dimensions so that in the limit of very high molecular weight, polymers interpenetrate strongly and the fraction of the monomers belonging to a polymer within the radius of gyration of that polymer tends to zero logarithmically. The molecular-weight or length-scale dependence of the radius of gyration, osmotic pressure, and end-end scattering function is given. The range of parameters for which this behavior is expected …

Giving Credit Where Credit Is Due: The Role Of The Noneconomic Contribution Of The Physical Custodian In Establishing Child Support, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

The Right To Medical Treatment, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

The Passive Activity Loss Rules: Planning Considerations, Techniques, And A Foray Into Never-Never Land, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

Rush To Judgment: Hiv Test Reliability And Screening, Taunya Lovell Banks, Roger R. Mcfadden

Faculty Scholarship

No abstract provided.

Defendant Not Allowed To Assert Collateral Estoppel Against Stranger To Prior Judgment, Susan Raeker-Jordan

Faculty Scholarship

No abstract provided.

Plaintiff Does Not Need To Allege A "Sale" In A Strict Liability Action, Susan Raeker-Jordan

Faculty Scholarship

No abstract provided.

Medical And Psychotherapy Privileges And Confidentiality: On Giving With One Hand And Removing With The Other, Steven R. Smith

Faculty Scholarship

This Article reviews both the giving and the taking away: the protections afforded to confidentiality by privileges and legal duties, and the way those protections are eroded. The duties of professionals and others to maintain confidences are noted, but testimonial privileges are emphasized. This Article proposes reforms in the way we try to protect confidentiality and suggests that the protection of therapy confidences be dealt with as a coherent whole (privileges and obligations of confidentiality should be dealt with together). Exceptions to privileges should be reduced and narrowed, and federal law should recognize the desirability of a consistent approach to …

Biological And Geological Processes At The Shelf Edge Investigated With Submersibles., John K. Reed, Charles M. Hoskin

Faculty Scholarship

Studies of living reefs along the shelf edge off eastern Florida and the Bahamas suggest the interrelation of physical, biological, and geological processes. JOHNSON-SEA-LINK submersibles were used to sample corals and sediment with a manipulator or by lock-out diving. Videotape and 35 mm cameras, CTD system, and transmissometer were used to document the dives. Sediment traps, light meters, time-lapse camera, thermographs, and current meters were deployed and recovered. A 222 km long reef system of discontinuous pinnacles capped with living and dead Oculina coral was studied off Florida. Upwelling may contribute to growth and community structure of the reef system. …

Effects Of Natural And Artificial Thalassia On Rates Of Sedimentation., M. N. Almasi, Charles M. Hoskin, John K. Reed

Faculty Scholarship

Sediment traps were used to measure the rate of deposition in a Thalassia seagrass meadow and in an adjacent (sandy) grass-free area. The average depositional rate of mud in the Thalassia bed was 4.96 g trapˉ¹ weekˉ¹, and in the sandy area, it was 3.04 g trapˉ¹ weekˉ¹ in the summer. In winter, these rates were 1.60 and 1.50 g mud trapˉ¹ week ˉ¹, respectively. Electromagnetic current-meter measurements showed that the mean flow velocity in the grass-free area is higher than in the seagrass area. Therefore, the increased depositional rate of mud within the seagrass is due to slowing of …

Rethinking The Class Action: A Policy Primer On Reform, John C. Coffee Jr.

Faculty Scholarship

Today, virtually everyone has a proposal for "reforming" class action litigation but both consensus and coherence are lacking. Some proposals are bluntly restrictive. For example, the Reagan Administration would reduce attorney's fees, place a ceiling on product liability, and partially repeal treble damage statutes. In the same vein, the United States Supreme Court has shown itself parsimonious on the question of fee awards, by authorizing fee waivers, approving offers of settlement that seemingly permit fee shifting against the plaintiff's attorney, and curtailing the traditional bases on which a fee award may be enhanced. Other proposals have offered essentially neutral procedural …

Rent Seeking And The Compensation Principle, Thomas W. Merrill

Faculty Scholarship

The reaction to Richard Epstein's Takings has been almost universally negative. Joseph Sax finds Epstein the "prisoner of an intellectual style so confining and of a philosophy so rigid that he has disabled himself from seeing problems as beyond the grasp of mere formalism." Thomas Grey concludes that "Takings belongs with the output of the constitutional lunatic fringe" and is "a travesty of constitutional scholarship." Thomas Ross, writing in this Law Review, says that, at least from an academic perspective, Takings is "a patent and howling failure." Epstein has provoked even the student editors of the Harvard Law Review …

The Future Of Corporate Federalism: State Competition And The New Trend Toward De Facto Federal Minimum Standards, John C. Coffee Jr.

Faculty Scholarship

What sensible compromise can be struck between Bill Cary's and Ralph Winter's views of the competition among states for corporate charters? This is the relevant question to ask in response to Professor Romano's stimulating paper, because if one ends in an intermediate position between Cary and Winter (as she does and as I do), then one needs to focus on the protections shareholders should be accorded both to protect them from exploitation at the hands of a state pursuing tax revenues and from excessive regulation by a state whose regulatory efforts are intended in fact to realize ulterior objectives unrelated …

Immigration Reform And Control Of The Undocumented Family, Carol Sanger

Faculty Scholarship

The Immigration Reform and Control Act of 1986 (IRCA), Congress' attempt to clean up the problem of illegal immigration in the United States, puts a great number of undocumented alien families, mostly Mexican, to a hard test. Under IRCA's amnesty provisions, every alien must individually meet the eligibility requirements, such as having lived in the United States since before January 1, 1982. But many aliens who satisfy these requirements have spouses or children who do not. Thus, while eligible aliens may adjust to a legal immigration status, their ineligible family members must either leave the United States or remain illegally, …

Quantity And Price Adjustment In Long-Term Contracts: A Case Study Of Petroleum Coke, Victor P. Goldberg, John R. Erickson

Faculty Scholarship

Much economic activity takes place within a framework of complex, long-term contracts. While economists have shown increased interest in these contracts, surprisingly little is known about them, or, indeed, about how to analyze the contracting activity of private economic actors. A case study of the actual contracts used in one industry could provide sorely needed data about the way in which reasonably clever businessmen and lawyers cope with problems scholars might consider intractable. In this article, we provide such an analysis of contracts concerning a particular product – petroleum coke. We focus on the problems of quantity and price adjustment. …

Personal Jurisdiction And The Stream Of Commerce, A. Kimberley Dayton

Faculty Scholarship

This article evaluates the stream of commerce theory of personaljurisdiction in light of existing precedent and the constitutionalimperative of due process. Part II briefly describes the factualbackground of Asahi and the various opinions rendered in the case.Part m outlines the development of jurisdictional doctrine since International Shoe, emphasizing the meaning of "purposeful availment" and its fluid role in the due process equation governing statecourt jurisdiction. Part IV then traces the evolution of the stream of commerce theory since International Shoe. Part V examines and rejects criticisms of the stream of commerce theory, and concludes that under any reasonabre interpretation of …